106883402 76160156 UST GN 2011 Legal and Judicial Ethics Proper Index 3

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UST Golden Notes 2011

128LEGAL ETHICS TEAM:

ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA

SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE

MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY

4. Copies of the Sworn Statement shall befurnished to the Local Chapter of the IBP

and to the Executive Judge of the courts

where respondent has pending cases

handled by him or her, and/or where he

or she has appeared as counsel;

5. The Sworn Statement shall be consideredas proof of respondents compliance with

the order of suspension;

6. Any finding or report contrary to thestatements made by the lawyer under

oath shall be a ground for the imposition

of a more severe punishment, or

disbarment, as may be warranted.

B. READMISSION TO THE BAR OF LAWYERS WHO

HAVE BEEN DISBARRED

Q: What must the Supreme Court take into

consideration in reinstatement?

A:

1. The applicants character and standingprior to the disbarment;

2. The nature and character of the charge forwhich he was disbarred;

3. His conduct subsequent to thedisbarment, and the time that has elapsed

between the disbarment and the

application for reinstatement; (Prudential

Bank v. Benjamin Grecia, A.C. No. 2756,

Dec. 18, 1990)

4. His efficient government service; (In re:Adriatico, G.R. No. L-2532, Nov. 17, 1910)

5. Applicants appreciation of thesignificance of his dereliction and his

assurance that he now possesses the

requisite probity and integrity; and

6. Favorable endorsement of the IBP andpleas of his loved ones. (Yap Tan v.

Sabandal, B.M. No. 144, Feb. 24, 1989)

Note: Whether or not the applicant shall be

reinstated rests on the discretion of the court.

(Prudential Bank v. Benjamin Grecia, A.C. No. 2756,

Dec. 18, 1990)

The court may require applicant for reinstatement to

enroll in and pass the required fourth year review

classes in a recognized law school. (Cui v. Cui, In Re:

Resian A.C. No. 270, Mar. 1974)

Q: What is the effect of reinstatement?

A:

1. Reinstatement to the roll of attorneyswipes out the restrictions and disabilities

resulting from a previous disbarment (Cui

v. Cui, G.R. No. L-18727, Aug. 31, 1964);

2. Recognition of moral rehabilitation andmental fitness to practice law;

3. Lawyer shall be subject to same law, rulesand regulations as those applicable to any

other lawyer; and

4. Lawyer must comply with the conditionsimposed on his readmission.

Q: Is a disbarred lawyer by reason of conviction

of a crime automatically reinstated to the

practice of law upon being pardoned by the

President?

A: No. To be reinstated, there is still a need for

the filing of an appropriate petition with the

Supreme Court. (In re: Rovero, A.M. No. 126, Dec.

29, 1980)

Q: What is the effect if during the pendency of a

disbarment proceeding, the erring lawyer was

granted executive pardon?

A: If during the pendency of a disbarment

proceeding the respondent was granted

executive pardon, the dismissal of the case on

that sole basis will depend on whether the

executive pardon is absolute or conditional.

1. Absolute or unconditional pardon - thedisbarment case will be dismissed.

2. Conditional pardon - the disbarment casewill notbe dismissed on the basis thereof.

Q: X filed proceedings for disbarment against his

lawyer, Atty. C, following the latters conviction

for estafa for misappropriating funds belonging

to his client (X). While the proceedings for

disbarment was pending, the President granted

absolute pardon in favor of Atty. C. Atty. C, then,

moved for the dismissal of the disbarment case.

Should the motion be granted?

A: An absolute pardon by the President is one

that operates to wipe out the conviction as well

as the offense itself. The grant thereof to a lawyer

is a bar to a proceeding for disbarment against

him, if such proceeding is based solelyon the fact

of such conviction. (In re: Parcasio, A.C. No. 100,

Feb. 18, 1976)

But where the proceeding to disbar is founded on

the professional misconduct involved in the

transaction which culminated in his conviction,

the effect of the pardon is only to relieve him of

the penal consequences of his act and does not

operate as a bar to the disbarment proceeding,


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Legal Ethics - Readmission to the Bar

12ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II

VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA

VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE

VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ

U N I V E R S I T Y O F S A N T O T O M A S

F a c u l t a d d e D e r e c h o C i v i l

inasmuch as the criminal acts may nevertheless

constitute proof that the attorney does not

possess good moral character. (In re: Lontok, 43

Phil. 293, Apr. 7, 1922)

Note: In the light of recent court pronouncements

that a lawyer may be disciplined even for non-

professional misconduct, one may argue that alawyer convicted of a crime involving moral

turpitude, and subsequently receives absolute

pardon, may still be proceeded against under the

Code of Professional Responsibility even if the acts

of which he was found guilty did not involve

professional misconduct (A modification of In Re

Lontok, supra). The ground for the petition for

disciplinary action under the Code must, however,

not be founded alone on the conviction but must be

based on the acts committed by the lawyer which

rendered him morally unfit to be a member of the

bar. (Aguirre, Legal and Judicial Ethics. A Pre-week

Reviewer, 2006 Edition)

Q:X, a member of the Bar, was charged with and

found guilty of estafa, for which he was

sentenced to suffer imprisonment and to

indemnify the offended party for the amount

Involved. Not having taken an appeal from the

judgment of conviction, upon finality thereof he

was taken into custody to serve sentence. A

month after he was incarcerated, he was

granted pardon by the Chief Executive on

condition that he would not commit another

offense during the unserved portion of his prison

sentence. Soon after Xs release from custody

after being pardoned, the offended party in the

criminal case filed a Complaint for Disbarment

against X in the Supreme Court. X set up the

defense that having been pardoned by the Chief

Executive for which reason he was released from

imprisonment, he may not be disbarred from the

practice of law anymore. Is Xs contention

tenable?

A:Xs contention is not tenable.He was granted

only a conditional pardon. Such conditional

pardon merely relieved him of the penal

consequences of his act but did not operate as a

bar to his disbarment. Such pardon does not

reach the offense itself. Hence, it does not

constitute a bar to his disbarment. (In reGutierrez, A.C. No. L-363, July 31, 1962; In re

Avancena, A.C. No. 407, August 15, 1967).

Furthermore, the acts of X leading to his

conviction may be used to show that he does not

possess the necessary requirement of good moral

character for continued membership in the Bar

(In re Valloces, A.C. No. 439, September 30, 1982).

(1999 Bar Question)

C. READMISSION TO THE BAR OF LAWYERS WHO

HAVE BEEN REPATRIATED

Q: What are the effects of loss and reacquisition

of Philippine citizenship?

A: The loss of Philippine citizenship ipso jure

terminates the privilege to practice law in the

Philippines.

However, pursuant to R.A. No. 9225 of the

Citizenship Retention and Reacquisition Act of

2003, Filipino lawyer who becomes a citizen of

another country is deemed never to have lost his

Philippine citizenship IF HE REACQUIRES IT IN

ACCORDANCE WITH R.A. NO. 9225. Nevertheless,

his right to practice law DOES NOT

AUTOMATICALLY ACCRUE. He must first secure

authority from the Supreme Court upon

compliance with the following conditions:

1. The updating and payment in full ofannual membership dues in the IBP;

2. Payment of professional tax;3. Completion of at least 36 credit hours of

mandatory continuing legal educations;

and

4. Retaking of the lawyers oathQ: Dacanay practiced law until he migrated to

Canada to seek medical attention to his

ailments. He subsequently applied for Canadian

citizenship to avail of Canadas free medical aid

program. His application was approved and he

became a Canadian citizen. Dacanay later on

reacquired his Philippine citizenship by virtue of

R.A. 9225.

Did Dacanay lose his membership in the

Philippine bar when he gave up his Philippine

citizenship? Can he automatically practice law

upon reacquiring Filipino citizenship?

A: The Constitution provides that the practice of

all professions in the Philippines shall be limited

to Filipino citizens save in cases prescribed by law.

Since Filipino citizenship is a requirement for

admission to the bar, loss thereof terminates

membership in the Philippine bar and,consequently, the privilege to engage in the

practice of law. In other words, the loss of Filipino

citizenship ipso jure terminates the privilege to

practice law in the Philippines. The practice of law

is a privilege denied to foreigners.

The exception is when Filipino citizenship is lost

by reason of naturalization as a citizen of another

country but subsequently reacquired pursuant to


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130LEGALETHICSTEAM:


SUBJECTHEAD:THEENA C.MARTINEZ;ASST.SUBJECTHEADS:JEANELLE C.LEE;DIVINE C.TEE

MEMBERS:MARINETHEASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHENC.SY

R.A. 9225. This is because all Philippine citizens

who become citizens of another country shall be

deemed not to have lost their Philippine

citizenship under the conditions of R.A. 9225.

Therefore, a Filipino lawyer who becomes a

citizen of another country is deemed never to

have lost his Philippine citizenship if he reacquires

it in accordance with R.A. 9225. Although he isalso deemed never to have terminated his

membership in the Philippine bar, no automatic

right to resume law practice accrues.

Before a lawyer who reacquires Filipino

citizenship pursuant to R.A. 9225 can resume his

law practice, he must first secure from the SC the

authority to do so, conditioned on:

1. The updating and payment in full of theannual membership dues in the IBP;

2. The payment of professional tax;3. The completion of at least 36 credit hours

of mandatory continuing legal education,

this is specially significant to refresh the

applicant/petitioners knowledge of

Philippine laws and update him of legal

developments; and

The retaking of the lawyers oath which will not

only remind him of his duties and responsibilities

as a lawyer and as an officer of the Court, but also

renew his pledge to maintain allegiance to the

Republic of the Philippines. (Petition for Leave to

Resume Practice of Law of Benjamin Dacanay,

B.M. No. 1678, Dec. 17, 2007)


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Legal EthicsNotarial Practice







V. MANDATORY CONTINUING LEGAL

EDUCATION (MCLE)

A. PURPOSE

Q: What is the purpose of Bar Matter 850 MCLE?

A: MCLE is required of members of the IBP to

ensure that throughout their career, they keep

abreast with law and jurisprudence, maintain the

ethics of the profession and enhance the

standards of the practice of law. (2003, 2006 Bar

Questions)

Q: What is the Composition of the Committee on

Mandatory Continuing Legal Education?

A:

1. Composition:a. Retired Justice of the SC Chairman,

nominated by the SC

b. IBP National President Vice-Chairc. 3 other members nominated by the

Philippine Judicial Academy, UP Law

Center and Association of Law

Professors, respectively.

2. Members are of proven probity and

integrity

3. Compensation as may be determined by

the SC.

4. The initial terms of each of the 3 members

shall be 5, 4, and 3 years respectively.

B. REQUIREMENTS

Q: What are the requirements of completion of

MCLE?

A: Requirements of completion of MCLE:

Members of the IBP, unless exempted under Rule

7, shall complete every 3 years at least 36 hours

of continuing legal education activities. The 36

hours shall be divided as follows:

1. 6 hours legal ethics2. 4 hours trial and pretrial skills3. 5 hours alternative dispute resolution4. 9 hours updates on substantive and

procedural laws and jurisprudence

5. 4 hours legal writing and oral advocacy6. 2 hours international law and

international conventions

7. Remaining 6 hours such other subjectsas may be prescribed by the Committee

on MCLE.

Q: What are the classes of credits?

A:

1. Participatory credit Attending approvededucation activities like seminars,

conventions, symposia, and the like;

speaking or lecturing, or assigned as

panelist, reactor, or commentator, etc. inapproved education activities; teaching in

law school or lecturing in bar review

classes.

2. Non-participatory Preparing, as authoror co-author, written materials (article,

book or book review) which contribute to

the legal education of the author member,

which were not prepared in the ordinary

course of his practice or employment;

editing a law book, law journal or legal

newsletter.

C. COMPLIANCE

Q: What constitutes non-compliance of MCLE?

A:

1. Failure to complete educationrequirement within the compliance

period;

2. Failure to provide attestation ofcompliance or exemption;

3. Failure to provide satisfactory evidence ofcompliance (including evidence of exempt

status) within the prescribed period;

4. Failure to satisfy the educationrequirement and furnish evidence of such

compliance within 60 days from receipt of

non-compliance notice;

5. Failure to pay non-compliance fee withinthe prescribed period; or

6. Any other act or omission analogous toany of the foregoing or intended to

circumvent or evade compliance with the

MCLE requirements.

Note: Members failing to comply will receive a Non-

Compliance Notice stating the specific deficiency and

will be given 60 days from date of notification to file

a response.

D. EXEMPTIONS

Q: Who are the persons exempted from the

MCLE?

A:

1. The President, Vice-President and theSecretaries and Undersecretaries of

Executive Departments;


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2. Senators and Members of the House ofRepresentatives;

3. The Chief Justice and Associate Justices ofthe Supreme Court, incumbent and retired

members of the judiciary, incumbent

members of Judicial Bar Council,

incumbent members of the MCLE

Committee, incumbent court lawyers whohave availed of the Philippine Judicial

Academy programs of continuing judicial

education (Amendment to Bar Matter 850,

Resolution of the Court En Banc, July 13,

2004);

4. The Chief State Counsel, Chief StateProsecutor and Assistant Secretaries of

the Dept. of Justice;

5. The Solicitor General and the AssistantSolicitor General;

6. The Government Corporate Counsel,Deputy and Assistant Government

Corporate Counsel;

7. The Chairman and Members of theConstitutional Commissions;

8. The Ombudsman, the Overall DeputyOmbudsman, the Deputy Ombudsmen

and the Special Prosecutor of the Office of

the Ombudsman;

9. Heads of government agencies exercisingquasi-judicial functions;

10. Incumbent deans, bar reviewers andprofessors of law who have teaching

experience for at least 10 years in

accredited law schools;

11. The Chancellor, Vice-Chancellor andmembers of the Corps of Professional and

Professorial Lecturers of the Philippine

Judicial Academy; and

12. Governors and Mayors. (2006 BarQuestion)

Other parties exempted:

1. Those who are not in law practice, privateor public;

2. Those who have retired from law practicewith the approval of the IBP Board of

Governors.

Q: May a member of the bar not included in the

enumeration ask for exemption?

A: Yes, if there is a good cause for exemption

from or modification of requirement. A member

may file a verified request setting forth good

cause for exemption (such as physical disability,

illness, post-graduate study abroad, proven

expertise in law, etc.) from compliance with or

modification of any of the requirements,

including an extension of time for compliance, in

accordance with procedure to be established by

the Committee on MCLE.

Note: Applications for exemption from or

modification of the MCLE requirement shall be

under oath and supported by documents.

E. SANCTIONS

Q: What are the consequences of non-

compliance?

A: A member who fails to comply with the

requirements after the 60-day period shall be

listed as delinquent memberby the IBP Board of

Governors upon recommendation of the

Committee on MCLE.

Note: The listing as a delinquent member is

administrative in nature but shall be made with

notice and hearing by the Committee on MCLE.

B.M. No. 1922, which took effect on January 1, 2009,

requires practicing members of the bar to indicate in

all pleadings filed before the courts or quasi-judicial

bodies, the number and date of issue of their MCLE

Certificate of Compliance or Certificate of

Exemption, as may be applicable, for the

immediately preceding compliance period. Failure

to disclose the required information would cause the

dismissal of the case and the expunction of the

pleadings from the records.


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VI. NOTARIAL PRACTICE

(1996, 2005, 2007 Bar Question)

Q: What is the purpose of notarial law (A.M. No.

02-8-13-SC)?

A:

1. To promote, serve, and protect publicinterest;

2. To simplify, clarify, and modernize therules governing notaries public; and

3. To foster ethical conduct among notariespublic. (Sec. 2, Rule I,A.M. No. 02-8-13-SC)

A. QUALIFICATIONS OF NOTARY PUBLIC

Q: Who is a notary public?

A: A person appointed by the court whose duty is

to attest to the genuineness of any deed or

writing in order to render them available as

evidence of facts stated therein and who is

authorized by the statute to administer various

oaths.

Note: Notary Public" and "Notary" refer to any

person commissioned to perform official acts under

the rules on Notarial Practice. (Sec. 9, Rule II, A.M.

No. 02-8-13-SC)

Q. What must one possess to qualify as a notary

public?

A: To be eligible for commissioning as notarypublic, the petitioner must be:

1. A citizen of the Philippines;2. Over 21 years of age;3. A resident in the Philippines for at least 1

year and maintains a regular place of work

or business in the city or province where

the commission is to be issued;

4. A member of the Philippine Bar in goodstanding with clearances from the Office

of the Bar Confidant of the Supreme Courtand the Integrated Bar of the Philippines;

and

5. Has not been convicted in the firstinstance of any crime involving moral

turpitude. (second par., Sec. 1, Rule III,

2004 Rules on Notarial Practice, A.M. No.

02-8-13-SC)

Q: Is a lawyer always a notary public?

A: No. Not every member of the Bar is a notary

public because a lawyer requires a commission of

appointment to be designated as a notary public.

Note: Notarization is not an empty, meaningless,

routinary act. It is invested with substantive publicinterest, such that only those who are qualified or

authorized may act as notaries public. For this

reason notaries public must observe with utmost

care the basic requirements in the performance of

their duties. Otherwise, the confidence of the public

in the integrity of this form of conveyance would be

undermined. (Vda. De Rosales v. Ramos, A.C. No.

5645, July 2, 2002)

Q: What are the 2 kinds of duties imposed by

law to a notary public?

A:

1.

Execution of formalities required by law;and

2. Verification of the capacity and identity ofthe parties as well as the legality of the act

executed.

Q: What are the duties of a notary public?

A:

1. To keep a notarial register;2. To make the proper entry or entries in his

notarial register touching his notarial acts

in the manner required by the law;

3. To send the copy of the entries to theproper clerk of court within the first 10days of the month next following;

4. To affix to acknowledgments the date ofexpiration of his commission, as required

by law;

5. To forward his notarial register, whenfilled, to the proper clerk of court;

6. To make report, within reasonable time tothe proper judge concerning the

performance of his duties, as may be

required by such judge;

7. To make the proper notation regardingresidence certificates. (Sec. 240, Rev. Adm.

Code) (1995 Bar Question)

Q. Must a notary public always be a lawyer?

A.

GR: Yes. Only those admitted to the practice of

law are qualified to be notaries public.

XPN: When there are no persons with the

necessary qualifications or where there are

qualified persons but they refuse appointment.


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In which case, the following persons may be

appointed as notaries:

1. Those who passed the studies of law ina reputable university; or

2. A clerk or deputy clerk of court for aperiod of not less than two years.

Q: Can an RTC judge notarize a document?

A: No. Section 35, Rule 138, of the Revised Rules

of Court as well as Canon 5, Rule 5.07 of the Code

of Judicial Conduct provides that no judge or

other official or employee of the superior courts

shall engage in private practice as a member of

the bar or give professional advice to clients.

Notarization of documents is considered a

practice of law.

It is based on sound reasons of public policy, for

there is no question that the rights, duties,

privileges and functions of the office of an

attorney-at-law are so inherently incompatible

with the high official functions, duties, powers,

discretions and privileges of a judge of the

Regional Trial Court. This rule makes it obligatory

upon the judicial officers concerned to give their

full time and attention to their judicial duties,

prevent them from extending special favors for

their own private interests and assure the public

of impartiality in the performance of their

functions.

Q: Are MTC judges prohibited from acting as

notary public?

A: No.MTC and MCTC judges may act as notaries

public ex-officio in the notarization of documents

connected only with the exercise of their official

functions and duties. They may not, as notaries

public ex-officio, undertake the preparation and

acknowledgment of private documents, contracts

and other acts of conveyances which bear no

direct relation to the performance of their

functions as judges.

However, MTC and MCTC judges assigned to

municipalities or circuits with no lawyers or

notaries public may, in the capacity as notaries

public ex-officio, perform any act within the

competence of a regular notary public, provided

that:

1. All notarial fees charged be for theaccount of the Government and turned

over to the municipal treasurer; and

2. Certification be made in the notarizeddocuments attesting to the lack of any

lawyer or notary public in such

municipality or circuit.

Q: Vicente Batic charged Judge Victorio Galapon

Jr. with engaging in unauthorized notarial

practice for having notarized a Deed of Absolute

Sale between Antonio Caamic and Lualhati

Ellert. Under the deed of sale, Lualhati Ellert,

was described as single. At the time of Galapons

notarization of the Deed of Sale, there was a

notary public in Dulag, Leyte.

Judge Galapon claims that he did not prepare

the document and that his participation was

limited to its acknowledgment, for which the

corresponding fee was collected by and paid to

the clerk of court. Are MTC judges like Judge

Galapon absolutely prohibited from acting as

notaries public?

A: No. While Judge Galapon explains that he

sincerely believed that when no notary public is

available, the MTC may act as ex-officio notary

public, provided the fees shall be for the

government, such is not enough to exonerate him

from liability. His acts do not fall under the

exception because at the time of his notarization

of the Deed of Sale, there was a notary public in

Dulag, Leyte. (Vicente Batic v. Judge Victorio

Galapon Jr., A.M. No. MTJ-99-1239, July 29, 2005)

Q: Is the authority of MTC judges to notarize

limited to their sala?

A: Yes. Their authority to notarize is limited to

their sala.

Q: Can a judge of another town notarize the

complaint to be filed in another town?

A: No. It is considered as a practice of law.

Q: Can a clerk of court notarize a document?

A: Yes. A clerk of court can notarize a document

provided he is commissioned and has been

permitted by his superior. Such consent is

necessary because the act of notarizing a

document is a practice of law.

Q: What are the rules with regard to fees that a

notary public may charge?

A:

1. For performing a notarial act, a notarypublic may charge the maximum fee as

prescribed by the Supreme Court unless

he waives the fee in whole or in part (Sec.

1, Rule V, A. M. 02-8-13-SC);

2. A notary public may charge travel fees andexpenses separate and apart from the

notarial fees when traveling to perform a


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notarial act if the notary public and the

person requesting the notarial act agree

prior to the travel (Sec. 2, Rule V, A. M. 02-

813-SC);

3. No fee or compensation of any kind,except those expressly prescribed and

allowed herein, shall be collected or

received for any notarial service (Sec. 3,Rule V, A. M. 02-813-SC);

4. A notary public shall not require paymentof any fees specified herein prior to the

performance of a notarial act unless

otherwise agreed upon( first par., Sec. 4,

Rule V, A. M. 02-813-SC);

5. Any travel fees and expenses paid to anotary public prior to the performance of

a notarial act are not subject to refund if

the notary public had already traveled but

failed to complete in whole or in part the

notarial act for reasons beyond his control

and without negligence on his part

(second par., Sec. 4, Rule V, A. M. 02-813-

SC).

Note: A notary public who charges fee for notarial

services shall issue a receipt registered with the

Bureau of Internal revenue and keep a journal of

notarial fees. He shall enter in the journal all fees

charges for services rendered.

A notary public shall post in a conspicuous place in

his office a complete schedule of chargeable notarial

fees. (Sec. 5, Rule V, A. M. 02-813-SC)

B. TERM OF OFFICE OF A NOTARY PUBLIC

Q: What is the term of office of a notary public?

A: A notary public may perform notarial acts for a

period of 2 years commencing the 1st day of

January of the year in which the commissioning is

made, unless earlier revoked or the notary public

has resigned under the Rules on Notarial Practice

and the Rules of Court.(Section 11, Rule III,A.M.

No. 02-8-13-SC) (1995 Bar Question)

Q: Juan dela Cruz was commissioned as a notary

public in 2001. His friend asked him to notarize a

deed of absolute sale sometime in 2004, to

which he agreed free of charge. A complaint formalpractice was filed against him. Is Juan dela

Cruz guilty of malpractice?

A: Yes. Absent any showing that his notarial

commission has been renewed, his act constitutes

malpractice because at the time he notarized the

document, his notarial commission has already

expired. It is not a defense that no payment has

been received. The requirement for the issuance

of the commission as notary public must not be

treated as a mere casual formality. In fact, Juans

act also constitutes falsification of public

document.

Q: What is acommission?A: It refers to the grant of authority to performnotarial acts and to the written evidence of the

authority (Sec. 3, Rule II, A.M. 02-8-13-SC).

Q: Who issues a notarial commission?

A: A notarial commission may be issued by an

Executive Judge to any qualified person who

submits a petition in accordance with the Rules

on Notarial Practice. (first par., Sec. 1, Rule III,

A.M. No. 02-8-13-SC)

Q: What is the form of the petition and

supporting documents for a notarial

commission?

A: Every petition for a notarial commission shall

be in writing, verified, and shall include the

following:

1. A statement containing the petitioner'spersonal qualifications, including the

petitioner's date of birth, residence,

telephone number, professional tax

receipt, roll of attorney's number and IBP

membership number;

2. Certification of good moral character ofthe petitioner by at least 2 executive

officers of the local chapter of the

Integrated Bar of the Philippines where he

is applying for commission;

3. Proof of payment for the filing of thepetition as required by the Rules on

Notarial Practice; and

4. Three passport-size color photographswith light background taken within 30

days of the application. The photograph

should not be retouched. The petitioner

shall sign his name at the bottom part of

the photographs. (Sec. 2,Rule III, A.M. No.

02-8-13-SC)

Note: Every petitioner for a notarial commission

shall pay the application fee as prescribed in the

Rules of Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)

Q: Before the Executive Judge shall conduct a

summary hearing on the petition, what

requirements must be met?


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A:

1. The petition is sufficient in form andsubstance;

2. The petitioner proves the allegationscontained in the petition; and

3. The petitioner establishes to thesatisfaction of the Executive Judge that he

has read and fully understood the Ruleson Notarial Practice.

Note:: The Executive Judge shall forthwith issue

a commission and a Certificate of Authorization

to Purchase a Notarial Seal in favor of the

petitioner. (Sec. 4, Rule III, A.M. No. 02-8-13-SC)

Note: Any person who has any cause or reason to

object to the grant of the petition may file a verified

written opposition thereto. The opposition must be

received by the Executive Judge before the date of

the summary hearing.(Sec. 6, Rule III, A.M. No. 02-8-

13-SC)

Note: The commissioning of a notary public shall be

in a formal order signed by the Executive Judge. (Sec.

7, Rule III, A.M. No. 02-8-13-SC)

Note: Every person commissioned as notary

public shall have only one official seal of office.

(Sec. 10, Rule III, A.M. No. 02-8-13-SC)

Q: What must a notary public do when his

commission expires?

A: A notary public may file a written application

with the Executive Judge for the renewal of his

commission within 45 days before the expiration

thereof. A mark, image or impression of the seal

of the notary public shall be attached in the

application. (first par., Sec. 13, Rule III, A.M. No.

02-8-13-SC)

Note: If a person is applying for a commission for the

first time, what he files is a petition and not an

application.

Q: what is the effect of failure of the notary

public to file an application for the renewal of

his commission?

A: Failure to file said application will result in the

deletion of the name of the notary public in the

register of notaries public. (second par., Sec. 13,

Rule III, A.M. No. 02-8-13-SC)

Note: The notary public thus removed from the

Register of Notaries Public may only be

reinstated therein after he is issued a new

commission. (third par., Sec. 13, Rule III, A.M.

No. 02-8-13-SC)

Note: The Executive Judge shall, upon payment of

the application fee, act on an application for renewal

of a commission within thirty (30) days from receipt

thereof. If the application is denied, the Executive

Judge shall state the reasons therefor. (Sec. 14, Rule

III, A.M. No. 02-8-13-SC)

C. POWERS AND LIMITATIONS OF A NOTARYPUBLIC

Note: Notarial Act and Notarization refer to any

act that a notary public is empowered to perform

under these Rules. (Sec. 7, Rule II, A.M. 02-8-13-SC)

Q: What are the powers of a notary public?

A: A notary public is empowered to perform the

following notarial acts: JAO-CAS

1. Acknowledgements;

2. Oaths and affirmations;

3. Jurats;

4. Signature witnessings;5. Copy certifications; and

6. Any other act authorized by these rules

(Section 1(a), Rule IV, A.M. No. 02-8-13-SC)

Acknowledgements

Q: What is an acknowledgement?

A: Acknowledgment refers to an act in which an

individual on a single occasion:

1. Appears in person before the notarypublic and presents an integrally complete

instrument or document;

Note: A notary public cannot perform a

notarial act over a document that has

missing pages, or that contains blanks that

should be filled-in prior to the notarial act.

2. Is attested to be personally known to thenotary public or identified by the notary

public through competent evidence of

identity as defined by the Rules on

Notarial Practice; and

3. Represents to the notary public that thesignature on the instrument or documentwas voluntarily affixed by him for the

purposes stated in the instrument or

document, declares that he has executed

the instrument or document as his free

and voluntary act and deed, and, if he acts

in a particular representative capacity,

that he has the authority to sign in that

capacity. (Sec. 1, Rule II, A.M. 02-8-13-SC)


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Q: Cabanilla filed a complaint against Atty.

Cristal-Tenorio with the IBP, alleging that he

never appeared before her when she notarized

the deed of sale of his house, and that the

signatures appearing opposite their respective

names were forgeries. Did Atty. Cristal-Tenorio

fail to comply with the mandates of the law

when she notarized the deed of sale without thecomplainant and his children? Does such failure

warrant the revocation of her notarial

commission?

A: Yes. Under Section 1(a) of Act 2103, a notary

public taking the acknowledgment in a document

or instrument is mandated to certify that the

person acknowledging the instrument or

document is known to him and that he is the

same person who executed it and acknowledged

that the same is his free act and deed. To

"acknowledge before" means to avow; to own as

genuine, to assert, to admit; and "before" means

in front or preceding in space or ahead of. A party

acknowledging must appear before the notary

public. A notary public should not notarize a

document unless the persons who signed the

same are the very same persons who executed

and personally appeared before the said notary

public to attest to the contents and truth of what

are stated therein. The presence of the parties to

the deed making the acknowledgment will enable

the notary public to verify the genuineness of the

signature of the affiant. A notary public is

enjoined from notarizing a fictitious or spurious

document. The function of a notary public is,

among others, to guard against any illegal deed.

(Cabanilla v. Cristal-Tenorio, A.C. No. 6139, Nov.

11, 2003)

Oaths and Affirmations

Q: What is affirmation or oath?

A: It refers to an act in which an individual on a

single occasion:

1. Appears in person before the notarypublic;

2. Is personally known to the notary publicor identified by the notary public through

competent evidence of identity as defined

by the Rules on Notarial Practice; and

3. Avows under penalty of law to the wholetruth of the contents of the instrument or

document. (Sec. 2,Rule II,A.M. No. 02-8-

13-SC)

Republic Act No. 9406.

March 23, 2007.

AN ACT REORGANIZING AND

STRENGTHENING THE PUBLIC ATTORNEY'S

OFFICE (PAO), AMENDING FOR THE PURPOSE

PERTINENT PROVISIONS OF EXECUTIVE ORDER

NO. 292, OTHERWISE KNOWN AS THE

"ADMINISTRATIVE CODE OF 1987", AS

AMENDED, GRANTING SPECIAL ALLOWANCE TO

PAO OFFICIALS AND LAWYERS, AND PROVIDINGFUNDS THEREFOR

Section 8. Sections 41 and 42, Chapter 10, Book I

of the same Code, as amended, is hereby further

amended to read as follows:

Q: Who are the officers authorized to administer

oaths?

A:The following officers have general authority to

administer oaths:

1. President;2. Vice-President;3. Members and Secretaries of both Houses

of the Congress;

4. Members of the Judiciary;5. Secretaries of Departments;6. provincial governors and lieutenant-

governors;

7. City mayors;8. Municipal mayors;9. Bureau directors;10. Regional directors;11. Clerk of courts;12. Registrars of deeds;13. Other civilian officers in the public service

of the government of the Philippines

whose appointments are vested in the

President and are subject to confirmation

by the Commission on Appointments;

14. All other constitutional officers;15. PAO lawyers in connection with the

performance of duty; and

16. notaries public. (Sec. 41)Q: What is the rule regarding the duty to

administer oaths?

A: Officers authorized to administer oaths, with

the exception of notaries public, municipal judges

and clerks of court, are not obliged to administer

oaths or execute certificates save in matters of

official business or in relation to their functions as

such; and with the exception of notaries public,

the officer performing the service in those

matters shall charge no fee, unless specifically

authorized by law. (Section 42)

Note: P.A.O. Lawyers now have the authority to

administer oaths, provided it is in connection with

the performance of their duties.


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The fiscal or the state prosecutor has the authority

to administer oaths. (R.A. No. 5180, as amended by

P.D. 911)

Jurats

Q: What is a jurat?

A: It refers to an act in which an individual on asingle occasion:

1. Appears in person before the notarypublic and presents an instrument or

document;



by the Rules on Notarial Practice;

3. Signs the instrument or document in thepresence of the notary; and

4. Takes an oath or affirmation before thenotary public as to such instrument or

document. (Sec. 6, Rule II, A.M. 02-8-13-

SC)

Note: A jurat is not a part of a pleading but merely

evidences the fact that the affidavit was properly

made. The claim or be.lief of Atty. Dela Rea that the

presence of petitioner Gamido was not necessary for

the jurat because it is not an acknowledgment is

patently baseless. If this had been his belief since he

was first commissioned as a notary public, then he

has been making a mockery of the legal solemnity of

an oath in a jurat. Notaries public and others

authorized by law to administer oaths or to take

acknowledgments should not take for granted the

solemn duties appertaining to their offices. Such

duties are dictated by public policy and are

impressed with public interest. (Gamido v. Bilibid

Prisons Officials, G.R. No. 114829, Mar. 1, 1995)

Q: Distinguish acknowledgement from jurat.

A:

ACKNOWLEDGMENT JURAT

Act of one who has

executed a deed, in

going to some

competent officer or

court and declaring it

to be his act or deed.

The notary public or

officer taking the

acknowledgement

shall certify that the

person

acknowledging the

instrument or

document is known

to him and he is the

That part of an

affidavit in which the

notary public or

officer certifies that

the instrument was

sworn to before him.

It is not part of a

pleading but merely

evidences the fact

that the affidavit was

properly made.

same person who

executed it and

acknowledged that

the same is his free

act and deed.

Two-fold purpose: to

authorize the deed to

be given in evidence

without further proof

of its execution, and,

to entitle it to be

recorded.

Purpose:

Gives the document a

legal character.

Where used:

1. To authenticate an

agreement between

two or more persons;

or

2. Where the

document contains a

disposition of

property.

Where used:

1. Affidavits;

2. certifications;

3. Whenever the

person executing

makes a statement of

facts or attests to the

truth of an event,

under oath.

E.g. The

acknowledgement in

a deed of lease of

land.

E.g. An affidavit

subscribed before a

notary public or public

official authorized for

the purpose.

Note: If a document is certified by way of jurat,

instead of acknowledgement, the document is a

private one. Hence, to be admissible as evidence,

the same must be offered and proven in accordance

with the Rules on Evidence.

Signature Witnessing

Q: What is signature witnessing?

A: It refers to a notarial act in which an individual

on a single occasion:

1. Appears in person before the notarypublic and presents an instrument or

document;



by the Rules on Notarial Practice; and

3. Signs the instrument or document in thepresence of the notary public. (Sec. 14,

Rule II, A. M. No. 02-8-13-SC)

Q: Is a notary public authorized to certify the

affixing of a signature by thumb or other mark

on an instrument or document presented for

notarization?

A: Yes. It is also within the powers of a notary

public, provided:


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1. The thumb or other mark is affixed in thepresence of the notary public and of two

(2) disinterested and unaffected witnesses

to the instrument or document;

2. Both witnesses sign their own names inaddition to the thumb or other mark;

3. The notary public writes below the thumbor other mark: thumb or other markaffixed by (name of signatory by mark) in

the presence of (names and addresses of

witnesses) and undersigned notary

public, and

4. The notary public notarizes the signatureby thumb or other mark through an

acknowledgment, jurat or signature

witnessing. (Sec. 1(b), Rule IV, A.M. No.

02-8-13-SC) (1995 Bar Question)

Q: Is a notary public authorized to sign on behalf

of a person who is physically unable to sign or

make a mark on an instrument or document?

A: Yes. It likewise falls within the powers of a

notary public, provided:

1. The notary public is directed by the personunable to sign or make a mark to sign on

his behalf;

2. The signature of the notary public isaffixed in the presence of 2 disinterested

and unaffected witnesses to the

instrument or document;

3. Both witnesses sign their own names;4. The notary public writes below his

signature: Signature affixed by notary in

the presence of (names and addresses of

person and 2 witnesses), and

5. The notary public notarizes his signatureby acknowledgment or jurat. (Sec. 1(c),

Rule IV, A.M. 02-8-13-SC) (1995 Bar

Question)

Copy Certifications

Q: What is copy certification?

A: It refers to a notarial act in which a notary

public:

1. Is presented with an instrument ordocument that is neither a vital record, a

public record, nor publicly recordable;

2. Copies or supervises the copying of theinstrument or document;

3. Compares the instrument or documentwith the copy; and

4. Determines that the copy is accurate andcomplete. (Sec. 4, Rule II, A.M. 02-8-13-SC)

Note: The document copied must be an original

document. It cannot be a copy itself.

Q: How should a notary public notarize a paper

instrument or document?

A: In notarizing a paper instrument or document,

a notary public shall:1. Sign by hand on the notarial certificate

only the name indicated and as appearing

on the notary's commission;

2. Not sign using a facsimile stamp orprinting device; and

3. Affix his official signature only at the timethe notarial act is performed.(Sec. 1, Rule

VII, A.M. 02-8-13-SC)

Q: What are the effects of notarization?

A:

1. The notary, in effect, proclaims to theworld that:

a. All the parties therein personallyappeared before him;

b. They are personally known to him;c. They are the same persons who

executed the instrument;

d. He inquired into the voluntariness ofthe execution of the instrument;

e. They acknowledge personally beforehim that they voluntarily and freely

executed the same.

2. Converts a private document into a publicone and renders it admissible in court

without further proof of its authenticity.

3. Documents enjoy a presumption ofregularity. It constitutes prima facie

evidence of the facts which give rise to

their execution and of the date of said

execution, but not of the truthfulness of

the statement.

Note: The reason for the presumption is that the law

assumes that the act which the officer witnessed

and certified to or the date written by him are not

shown to be false since notaries are public officers.

Note: A notarial document is by law entitled to full

faith and credit upon its face and, for this reason,

notaries public must observe with utmost care the

basic requirements in the performance of their

duties, lest, the confidence of the public in the

integrity of the document will be undermined.


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Q: What is a notarial certificate?

A: It refers to the part of, or attachment to a

notarized instrument or document that is

completed by the notary public which bears the

notary's signature and seal, and states the facts

attested to by the notary public in a particular

notarization as provided for by the Rules onNotarial Practice. (Sec. 8, Rule II, A. M. No. 02-8-

13)

Note:Loose notarial certificate refers to a notarial

certificate that is attached to a notarized instrument

or document.

Note: "Official seal" or "seal" refers to a device for

affixing a mark, image or impression on all papers

officially signed by the notary public conforming the

requisites prescribed by the Rules on Notarial

Practice. (Sec. 13,Rule II, A.M. No. 02-8-13-SC)

Q: What must the notarial certificate contain?

A:

1. The name of the notary public as exactlyindicated in the commission;

2. The serial number of the commission ofthe notary public;

3. The words "Notary Public" and theprovince or city where the notary public is

commissioned, the expiration date of the

commission, the office address of the

notary public; and

4. The roll of attorney's number, the

professional tax receipt number and the

place and date of issuance thereof, andthe IBP membership number. (Sec. 2, Rule

VIII, A.M. 02-8-13-SC)

Note: A notary public shall not:

a. execute a certificate containing information

known or believed by the notary to be false.

b. affix an official signature or seal on a

notarial certificate that is incomplete.

Q: What are the limitations to the performance

of a notarial act of a notary public?

A: A person shall not perform a notarial act if:

1. The person involved as signatory to theinstrument or document is:

a. Not in the notary's presencepersonally at the time of the

notarization; and (Sec. 2(b)(1), Rule

IV, A.M. No. 02-8-13-SC)

b. Not personally known to the notarypublic or otherwise identified by the

notary public through competent

evidence of identity as defined by the

Rules on Notarial Practice. (Sec.

2(b)(2), Rule IV, A.M. No. 02-8-13-SC)

c. The document is blank or incomplete;(Sec.6(a) Rule IV, A.M. 02-8-13-SC)

d. An instrument or document iswithout appropriate notarialcertification. (Sec. 6, Rule IV, A.M. 02-

8-13-SC)

Q: Engineer Cynthia de la Cruz Catalya filed an

application for building permit in connection

with the renovation of a building situated on a

lot owned by her brother Rolando de la Cruz.

One of the documents required in the processing

of the application was an affidavit to be

executed by the lot owner. Since Rolando de la

Cruz was a resident abroad, an affidavit was

prepared wherein it was made to appear that he

was a resident of Leyte; that he was the owner

of the lot whereon the building subject of the

application for the issuance of a building permit

was situated.

Atty. Francisco Villamor notarized the purported

affidavit. According to him, a Chinese mestizo

appeared in his law office one time, requesting

that his affidavit be notarized. Said person

declared that he was Rolando de la Cruz.

Atty. Villamor then asked for the production of

his residence certificate, but he said, he did not

bother to bring the same along with him

anymore as, he has already indicated his serial

number, in the jurat portion together with the

date of issue and place of issue. Did Atty.

Francisco Villamor commit a violation of notarial

law?

A: Yes. It is the duty of the notarial officer to

demand that the document presented to him for

notarization should be signed in his presence. By

his admission, the affidavit was already signed by

the purported affiant at the time it was presented

to him for notarization. Atty. Villamor thus failed

to heed his duty as a notary public to demand

that the document for notarization be signed in

his presence. (Traya Jr. v. Villamor, A.C. No. 4595,

Feb. 6, 2004)

Q: During their lifetime, the Spouses Villanueva

acquired several parcels of land. They were

survived by their 5 children: Simeona, Susana,

Maria, Alfonso, and Florencia.

Alfonso executed an Affidavit of Adjudication

stating that as the only surviving son and sole

heir of the spouses, he was adjudicating to


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himself a parcel of land. Thereafter, he executed

a Deed of Absolute Sale, conveying the property

to Adriano Villanueva. Atty. Salud

Beradio appeared as notary public on both the

affidavit of adjudication and the deed of sale.

Atty. Beradio knew of the falsity of Alfonsos

statement.

Florencia and descendants of the other children

of the spouses were still alive at the time of

execution of both documents. Was there a

failure to discharge properly the duties of a

notary public?

A: Yes.Atty. Beradios conduct breached the Code

of Professional Responsibility, which requires

lawyers to obey the laws of the land and promote

respect for the law and legal processes as well as

Rule 1.01 of the Code which proscribes lawyers

from engaging in unlawful, dishonest, immoral, or

deceitful conduct.

She herself admitted that she knew of the falsity

of Alfonsos statement that he was the sole heir

of the spouses. She therefore notarized a

document while fully aware that it contained a

material falsehood. The affidavit of adjudication is

premised on this very assertion. By this

instrument, Alfonso claimed a portion of his

parents estate all to himself, to the exclusion of

his co-heirs. Shortly afterwards, Atty. Beradio

notarized the deed of sale, knowing that the deed

took basis from the unlawful affidavit of

adjudication. (Heirs of the Late Spouses Lucas v.

Atty. Beradio, A.C. No. 6270, Jan. 22, 2007)

Note: Where admittedly the notary public has

personal knowledge of a false statement or

information contained in the instrument to be

notarized, yet proceeds to affix his or her notarial

seal on it, the court must not hesitate to discipline

the notary public accordingly as the circumstances of

the case may dictate. Otherwise, the integrity and

sanctity of the notarization process may be

undermined and public confidence on notarial

documents diminished. (Ibid)

Q: When is a notary public disqualified from

performing a notarial act?

A: When the notary public:

1. Is a party to the instrument or documentthat is to be notarized;

2. Will receive, as a direct or indirect result,any commission, fee, advantage, right,

title, interest, cash, property, or other

consideration, except as provided by the

Rules on Notarial Practice and by law; or

3. Is a spouse, common-law partner,ancestor, descendant, or relative by

affinity or consanguinity of the principal

within the fourth civil degree. (Sec. 3, Rule

IV, A.M. No. 02-8-13-SC) (1995 Bar

Question)Note: The function of a notary public is, amongothers, to guard against any illegal or immoral

arrangements. That function would be defeated if

the notary public is one of the signatories to the

instrument. For then, he would be interested in

sustaining the validity thereof as it directly involves

himself and the validity of his own act. It would place

him in an inconsistent position, and the very purpose

of the acknowledgment, which is to minimize fraud,

would be thwarted. (Villarin v. Sabate, A.C. No. 3224,

Feb. 9, 2000)

Q: When may a notary public refuse to notarize

even if the appropriate fee is tendered?

A:

1. The notary knows or has good reason tobelieve that the notarial act or transaction

is unlawful or immoral;

2. The signatory shows a demeanor whichengenders in the mind of the notary public

reasonable doubt as to the former's

knowledge of the consequences of the

transaction requiring a notarial act;

3. In the notary's judgment, the signatory isnot acting of his or her own free will; (Sec.

4, Rule V, A.M. No. 02-8-13-SC) or

4. If the document or instrument to benotarized is considered as an improperdocument by the Rules on Notarial

Practice.

Note: Improper instrument/document is a blank or

incomplete instrument or an instrument or

document without appropriate notarial certification.

(Sec. 6, Rule V, A.M. No. 02-8-13-SC)

D. NOTARIAL REGISTER

Q: What is a Notarial Register?

A: It refers to a permanently bound book with

numbered pages containing a chronologicalrecord of notarial acts performed by a notary

public.(Sec. 5, Rule II, A.M. No. 02-8-13-SC)

Q: What is the form of notarial register?

A: A notary public shall keep, maintain, protect

and provide for lawful inspection as provided in

these Rules, a chronological official notarial


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register of notarial acts consisting of a

permanently bound book with numbered pages.

The register shall be kept in books to be furnished

by the Solicitor General to any notary public upon

request and upon payment of the cost thereof.

The register shall be duly paged, and on the first

page, the Solicitor General shall certify thenumber of pages of which the book consists.

For purposes of this provision, a Memorandum of

Agreement or Understanding may be entered into

by the Office of the Solicitor General and the

Office of the Court Administrator. (Sec. 1(a), Rule

VI, A.M. No. 02-8-13-SC)

Q: How many notarial register may a notary

public keep?

A: A notary public shall keep only one active

notarial register at any given time. (Sec. 1(b), Rule

VI, A.M. No. 02-8-13-SC)

Q: What information should be entered in the

notarial register?

A:

a. For every notarial act, the notary shallrecord in the notarial register at the time

of notarization the following:

1. the entry number and page number;2. the date and time of day of the

notarial act;

3. the type of notarial act;4. the title or description of the

instrument, document or proceeding;

5. the name and address of eachprincipal;

6. the competent evidence of identityas defined by these Rules if the

signatory is not personally known to

the notary;

7. the name and address of eachcredible witness swearing to or

affirming the person's identity;

8. the fee charged for the notarial act;9. the address where the notarization

was performed if not in the notary's

regular place of work or business;

and

10. any other circumstance the notarypublic may deem of significance or

relevance.(Sec. 2(a), Rule VI, A.M. No.

02-8-13-SC)

b. In case of failure to complete a notarial

act, record in the notarial register the

reasons and circumstances for not

completing a notarial act (Sec. 2(b), Rule

VI, A.M. No. 02-8-13-SC)

c. the circumstances of any request to

inspect or copy an entry in the notarial

register, including the requester's name,

address, signature, thumbmark or otherrecognized identifier, and evidence of

identity. (Sec.2(c),Rule VI, A.M. No. 02-8-

13-SC)

Note: The reasons for refusal to allow

inspection or copying of a journal entry

shall also be recorded. (Ibid.)

d. When the instrument or document is a

contract, keep an original copy thereof as

part of his records and enter in said

records a brief description of the

substance thereof and shall give to each

entry a consecutive number, beginningwith number one in each calendar year.

(Sec.2(d),Rule VI, A.M. No. 02-8-13-SC)

Note: He shall also retain a duplicate

original copy for the Clerk of Court.

(Ibid.)

e. In case of a protest of any draft, bill of

exchange or promissory note, make a full

and true record of all proceedings in

relation thereto and shall note therein

whether the demand for the sum of

money was made, by whom, when, and

where; whether he presented such draft,bill or note; whether notices were given,

to whom and in what manner; where the

same was made, when and to whom and

where directed; and of every other fact

touching the same. (Sec. 2(f), Rule VI, A.M.

No. 02-8-13-SC)

f. At the end of each week, the notary public

shall certify in his notarial register the

number of instruments or documents

executed, sworn to, acknowledged, or

protested before him; or if none, this

certificate shall show this fact. (Sec. 2(g),

Rule VI, A.M. No. 02-8-13-SC)

Note: A certified copy of each month's entries and a

duplicate original copy of any instrument

acknowledged before the notary public shall, within

the first ten (10) days of the month following, be

forwarded to the Clerk of Court and shall be under

the responsibility of such officer. If there is no entry

to certify for the month, the notary shall forward a

statement to this effect in lieu of certified copies


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14ACADEMICSCHAIR:LESTER JAY ALAN E.FLORES II


VICE CHAIR FOR MANAGEMENT ANDFINANCE:JEANELLE C.LEE




herein required. (Sec. 2(h), Rule VI, A.M. No. 02-8-13-

SC)

Note: The notary public shall give to each instrument

or document executed, sworn to, or acknowledged

before him a number corresponding to the one in his

register, and shall also state on the instrument or

document the page/s of his register on which thesame is recorded. No blank line shall be left between

entries. (Sec. 2(e), Rule VI, A.M. No. 02-8-13-SC)

Q: Who shall sign or affix a thumbmark in the

notarial register?

A: At the time of notarization, the notary's

notarial register shall be signed or a thumb or

other mark affixed by each:

a. principal;b. credible witness swearing or affirming

to the identity of a principal; and

c. witness to a signature by thumb orother mark, or to a signing by thenotary public on behalf of a person

physically unable to sign. Sec. 3,Rule VI,

A.M. No. 02-8-13-SC)

Q: Can any person inspect an entry in the

notarial register?

A: Yes, provided:

1. The inspection is made in the notaryspresence;

2. During regular business hours3. The person's identity is personally known

to the notary public or proven through

competent evidence of identity as definedin these Rules;

4. The person affixes a signature and thumbor other mark or other recognized

identifier, in the notarial .register in a

separate, dated entry;

5. The person specifies the month, year, typeof instrument or document, and name of

the principal in the notarial act or acts

sought; and

6. The person is shown only the entry orentries specified by him. (Sec.4(a), Rule VI,

A.M. No. 02-8-13-SC)

Q: May a law enforcement officers examine thenotarial register?

A: Yes, the notarial register may be examined by a

law enforcement officer in the course of an

official investigation or by virtue of a court order.

(Sec. 4(b), Rule VI, A. M. No. 02-8-13-SC)

Note: The notary public shall supply a certified true

copy of the notarial record, or any part thereof, to

any person applying for such copy upon payment of

the legal fees. (Sec. 6, Rule VI, A. M. No. 02-8-13-

SC)

Q: May a notary public refuse the request of

inspection for register of deeds?

A: Yes. if the notary public has a reasonableground to believe that a person has a criminal

intent or wrongful motive in requesting

information from the notarial register, the notary

shall deny access to any entry or entries therein.

(Sec. 4(c), Rule VI, A. M. No. 02-8-13-SC)

Q: State the rule in case of loss, destruction or

damage of notarial register.

A:

1. In case the notarial register is stolen, lost,destroyed, damaged, or otherwise

rendered unusable or illegible as a record

of notarial acts, the notary public shall,within ten (10) days after informing the

appropriate law enforcement agency in

the case of theft or vandalism, notify the

Executive Judge by any means providing a

proper receipt or acknowledgment,

including registered mail and also provide

a copy or number of any pertinent police

report.

2. Upon revocation or expiration of a notarialcommission, or death of the notary public,

the notarial register and notarial records

shall immediately be delivered to the

office of the Executive Judge. (Sec. 5, Rule

VI, A. M. No. 02-8-13-SC)

E. JURISDICTION OF NOTARY PUBLIC AND PLACE

OF NOTARIZATION

Q: What is the jurisdiction of a notary public?

A: A notary public may perform notarial acts in

any place within the territorial jurisdiction of the

commissioning court.

Q: What is the phrase regular place of work or

business of a notary public mean?

A: The regular place of work or business refers to

a stationary office in the city or province wherein

the notary public renders legal and notarial

services. (Sec. 11, Rule II, 2004 Rules on Notarial

Practice)

Note: Under the Notarial Law, the jurisdiction of a

notary public is co-extensive with the province for

which he was commissioned; and for the notary


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public in the city of Manila, the jurisdiction is co-

extensive with said city. Circular 8 of 1985, however,

clarified further that the notary public may be

commissioned for the same term only by one court

within the Metro Manila region.

Q: Can a notary public perform a notarial act

outside his jurisdiction and his regular place ofwork or business?

A:

GR: A notary public shall notperform a notarial

act outside his jurisdiction and his regular place

of work or business.

XPN: A notarial act may be performed at the

request of the parties in the following sites,

other than his regular place of work or

business, located within his territorial

jurisdiction:

1. Public offices, convention halls, andother appropriate public places for the

purpose of administering oaths of

office; (Sec. 2, Rule IV, A. M. No. 02-8-

13-SC)

2. At the request of the parties, publicfunction areas in hotels and other

appropriate places for the signing of the

contracts, deeds, and other documents

requiring notarization; (Ibid.)

3. Residence of any party of a contract,deed, or other document requiring

notarization; (Ibid.)

4. Hospitals and other medical institutionswhere a party to a contract is confinedfor treatment; (Ibid.)

5. Any place where for legal reason a partyto a contract, deed, or other document

requiring notarization may be confined,

(Ibid.) and;

6. Such other places as may be dictatedbecause of emergency.(1996 Bar

Question)

Note: It is improper for a notary public to notarize

documents in sidewalk since it is now required that a

notary public should maintain a regular place of

work or business within the city or province where

he is commissioned. The SC evidently wants toeradicate the practice of fly by night notaries

public who notarized documents in improvised

offices.

F. COMPETENT EVIDENCE OF IDENTITY

Note: Competent evidence of identity is not required

in cases where the affiant is personally known to the

Notary Public. (Amora, Jr. v. Comelec, G.R. No.

192280, January 25, 2011)

Q: What is competent evidence of identity?

A: It refers to the identification of an individual

based on:

1. At least one current identificationdocument issued by an official agency

bearing the photograph and signature of

the individual such as but not limited to:

a. Passport,b. Drivers license,c. Professional Regulation Commission

ID,

d. National Bureau of Investigationclearance,

e. Police clearance,f. Postal ID,g. Voters ID,h. Barangay Certification,i. Government Service Insurance

System e-card,

j. Social Security System card,k. Philhealth card,l. Senior Citized card,m. Overseas Workers Welfare

Administration (OWWA) ID,

n. OFW ID,o. sea mans book,p. alien certificate of registration,q. government office ID,r. certification from the National

Council for the Welfare of Disabled

Persons (NCWDP),

s. Department of Social WelfareDevelopment (DSWD) certification; or

2. The oath or affirmation of one crediblewitness not privy to the instrument,

document or transaction who is personally

known to the notary public and who

personally knows the individual, or of two

credible witnesses neither of whom is

privy to the instrument, document or

transaction who each personally knows

the individual and shows to the notary

public documentary identification.

(Amendment to Sec. 12 (a), Rule II of the

2004 Rules on Notarial Practice, Feb. 19,

2008).

Note: These are in addition to the presentation of

the signatories Community Tax Certificate (CTC) as

required by Notarial Law (Act 2711).

Notaries public are required by the Notarial Law to

certify that the party to the instrument has


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14ACADEMICSCHAIR:LESTER JAY ALAN E.FLORES II


VICE CHAIR FOR MANAGEMENT ANDFINANCE:JEANELLE C.LEE




acknowledged and presented before the notaries

public the proper residence certificate (or exemption

from the residence certificate) and to enter its

number, place, and date of issue as part of

certification. Sec. 12, Rule II of the 2004 Rules on

Notarial Practice now requires a party to the

instrument to present competent evidence of

identity. (Legaspi v. Atty. Dimaano, Jr., A.C. No. 7781,Sept. 12, 2008)

Q: Is a community tax certificate still a

competent evidence of identity?

A: No. A notary public can no longer accept a

cedula or a community tax certificate (CTC), the

successor document to the residence certificate

originally required by the Notarial Law as proof of

identity. Such does not even contain a

photograph of the person to whom it is issued.

Further, CTC may be easily obtained by anyone,

without any supporting papers, thereby debasing

its value as an identity document.

Note: In the list of grounds for disqualification of

persons running for any local elective position under

Section 40 of the LGC, nowhere therein does it

specify that a defective notarization is a ground for

the disqualification of a candidate. Thus,

presentation of CTC before the notary public, in

compliance with the requirement of presentation of

competent evidence of identity, though improper,

does not in itself warrant the disqualification of a

candidate to run for any elective position. (Amora,

Jr. v. Comelec, G.R. No. 192280, January 25, 2011)

Q: Is the presentation of Community Tax

Certificate no longer necessary in view of the

amendment?

A: No. Its presentation is still mandatory pursuant

to Local Government Code of the Philippines in

order to show payment of taxes. Said law

provides:

When an individual subject to the community

tax acknowledges any document before a notary

public, takes the oath of office upon election or

appointment to any position in the government

service; receives any license, certificate, or permit

from any public authority; pays any tax or fee;

receives any money from any public fund;

transacts other official business; or receives any

salary or wage from any person or corporation, it

shall be the duty of any person, officer, or

corporation with whom such transaction is made

or business done or from whom any salary or

wage is received to require such individual to

exhibit the community tax certificate. (Sec. 163,

LGC)

Q: Atty. Regino Tamabago notarized a last will

and testament under which, the decedent

supposedly bequeathed his entire estate to his

wife, save for a parcel of land which he devised

to Vicente Lee, Jr. and Elena Lee, half siblings of

Manuel Lee, the complainant.

The will was purportedly executed andacknowledged before respondent on June 30,

1965. However, the residence certificate of the

testator noted in the acknowledgment of the

will was dated January 5, 1962. There is also

absence of notation of the residence certificates

of the purported witnesses. Did Atty. Regino

Tamabago violate any of the duties of a notary

public?

A: Atty. Tamabago, as notary public, evidently

failed in the performance of the elementary

duties of his office.There is absence of a notation

of the residence certificates of the notarial

witnesses in the will in the acknowledgment.

Further, the notation of the testators old

residence certificate in the same

acknowledgment was a clear breach of the law.

The Notarial Law then in force required the

exhibition of the residence certificate upon

notarization of a document or instrument. By

having allowed decedent to exhibit an expired

residence certificate, Atty. Tamabago failed to

comply with the requirements of the old Notarial

Law. As much could be said of his failure to

demand the exhibition of the residence

certificates of notarial witnesses.

Defects in the observance of the solemnities

prescribed by law render the entire will invalid.

(Manuel Lee v. Atty. Regino Tamabago, A.C. No.

5281, Feb. 12,2008)G. REVOCATION OF COMMISSION AND

DISCIPLINARY SANCTIONS

Q: Who can revoke a notarial commission?

A: The notarial commission may be revoked by

1. The Executive Judge of the RTC who issuedthe commission on any ground on which

an application for commission may be

denied (Sec. 1, Rule XI, A.M. No. 02-8-13-

SC,) or;

2. By the Supreme Court itself in the exerciseof its general supervisory powers over

lawyer.
http://en.wikipedia.org/wiki/Community_tax_certificate_(Philippines)http://en.wikipedia.org/wiki/Community_tax_certificate_(Philippines)


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Q: What are the grounds for revocation of

notarial commission?

A: The executive Judge shall revoke a notarial

commission for any ground on which an

application for a commission may be denied.

In addition, the Executive Judge may revoke thecommission of, or impose appropriate

administrative sanctions upon, any notary public

who:

1. Fails to keep a notarial register;2. Fails to make the proper entry or entries

in his notarial register concerning his

notarial acts;

3. Fails to send the copy of the entries to theExecutive Judge within the first ten (10)

days of the month following;

4. Fails to affix to acknowledgments the dateof expiration of his commission;

5. Fails to submit his notarial register, whenfilled, to the Executive Judge;

6. Fails to make his report, within areasonable time, to the Executive Judge

concerning the performance of his duties,

as may be required by the judge;

7. Fails to require the presence of a principalat the time of the notarial act;

Note: "Principal" refers to a person

appearing before the notary public whose

act is the subject of notarization.

8. Fails to identify a principal on the basis ofpersonal knowledge or competentevidence;

9. Executes a false or incomplete certificateunder Section 5, Rule IV;

10. Knowingly performs or fails to performany other act prohibited or mandated by

these Rules; and

11. Commits any other dereliction or actwhich in the judgment of the Executive

Judge constitutes good cause for

revocation of commission or imposition of

administrative sanction.(Sec. 1, Rule XI,

Rule on Notarial Practice)

Q: What are punishable acts under the 2004Rules on Notarial Practice?

A: The Executive Judge shall cause the

prosecution of any person who knowingly:

1. Acts or otherwise impersonates a notarypublic;

2. Obtains, conceals, defaces, or destroys theseal, notarial register, or official records of

a notary public; and

3. Solicits, coerces, or in any way influences anotary public to commit official

misconduct. (Sec. 1, Rule XII, Rule on

Notarial Practice)


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Judicial Ethics - Preliminary




VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN&THEENA C.MARTINEZ



J U D I C I A L E T H I C S

I. PRELIMINARY

A. CONCEPT

Q: What is judicial ethics?

A: It is the branch of moral science which treats of

the right and proper conduct to be observed by

all judges in trying and deciding controversies

brought before them for adjudication which

conduct must be demonstrative of impartiality,

integrity, competence, independence and

freedom from improprieties. This freedom from

improprieties must be observed in both the public

and private life of a judge

being the visiblerepresentation of the law.

Q: Who is a judge?

A: Any person exercising judicial power however

designated. (New Code of Judicial Conduct)

A judge is a public officer who, by virtue of his

office, is clothed with judicial authority; A public

officer lawfully appointed to decide litigated

questions in accordance with law. (People v.

Manantan, G.R. No. L-14129, Aug. 30, 1962)

Note: This refers to persons only. There may be ajudge without a court.

Q: Who is a de jure judge?

A: One who exercises the office of a judge as a

matter of right, fully vested with all the powers

and functions conceded to him under the law.

(Luna v. Rodriguez, G.R. No. L-13744, Nov. 29,

1918)

Q: Who is a de facto judge?

A: An officer who is not fully vested with all the

powers and duties conceded to judges but, onewho exercises the office of judge under some

color of right. He has the reputation of the officer

he assumes to be, yet he has some defect in his

right to exercise judicial functions at the

particular time. (Luna v. Rodriguez, G.R. No. L-

13744, Nov. 29, 1918)

Note: There cannot be a de facto judge when there

is a de jure judge in the actual performance of the

duties of the office. Moreover, one cannot be

actually acting under any color of right when he has

ceased to be a judge and has actually vacated the

office by the acceptance of another office and by

actually entering upon the duties of the other office.

(Lino Luna v. Rodriguez and De Los Angeles, G.R. No.

L-13744, Nov. 29, 1918)

B. QUALIFICATIONS OF JUSTICES AND JUDGES.

Q: What are the qualifications of justices of the

Supreme Court or Court of Appeals?

A: One must be:

1. A natural-born citizen of the Philippines;2. At least 40 years of age;3. A person who has been, for 15 years or

more, a judge of a lower court or engaged

in the practice of law; and

4. A person of proven competence, integrity,probity and independence. (Sec. 7(2), Art.

VIII, 1987 Constitution)

Q: What are the qualifications to be a RTC judge?

A: One must be:

1. A natural-born citizen